USER GENERATERD CONTENT TERMS OF USE

These Terms of Use (“Terms”) is intended to facilitate our collection and use of content posted about GEN Z Brands (Deer Lake Springs, LLC d/b/a GEN Z Brands (“GEN Z”, “Our”, “We”, “Us”) by you on your social media accounts: including photos, text, graphics, audio, video, location information, comments and other materials (“User Content”).

To use your User Content on our websites and social media channels (“GEN Z Properties”), GEN Z or a service providers will reach out to you to request your permission to use your User Content. You are reading this because GEN Z has requested your permission to use your User Content.

If after you read these Terms you choose to allow us to use your User Content for marketing, promotional, advertising and other commercial consumer-related activities (the “GEN Z Services”), please rely to this email, direct message, or other correspondence with the hashtag #sharegenzbrandsphoto

GEN Z reserves the right to alter these Terms of Use without advance notice by posting a revised Terms of Use. Therefore, you should review the Terms of Use each time you grant permission or authorization to feature your User Content.

USER CONTENT LICENSE

You hereby grant to GEN Z and its related companies, agents, licensees, sublicensees, contractors, successors, legal representatives, assigns, and third-party service providers, and their respective retail partners, marketing or public relations agencies, and other affiliates (the “Licensed Parties”) a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, sublicensable right to use your User Content to be used by the Licensed Parties in connection with the GEN Z Services on the GEN Z Properties and license to make, copy, display, publish, modify, remove, translate, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit or otherwise use your User Content in connection with GEN Z’s business in all forms.

You grant the Licensed Parties the right to use your username, real name, image, likeness, descriptions of you, location or other identifying information, including but not limited to your voice, in connection with any use of your User Content. Please refer to our Privacy Notice which can be found at https://drinkgenz.com/privacy-policy which sets forth how we might use such information.

You hereby agree and represent and warrant that (i) you are solely responsible for your User Content, including its legality, reliability, accuracy, and appropriateness; (ii) you own all rights in and to your User Content and/or have obtained appropriate rights and permissions from any and all other persons and/or entities who own, manage or otherwise claim any rights with respect to such User Content; (iii) you are not a minor; (iv) the Licensed Parties’ use of your User Content as described herein will not violate the rights, including but not limited to copyright, trademark, patent, trade secret, privacy, publicity, moral, proprietary or other rights, of any third party, or any law, rule or regulation; and (v) the User Content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful.

You hereby release, discharge and agree to hold the Licensed Parties, and any person acting on their behalf, harmless from any liability related in any way to the Licensed Parties’ use of your User Content.

The User Content that you submit is deemed non-confidential and non-proprietary and the Licensed Parties have no obligation to maintain the confidentiality of any information, in whatever form, contained in any submission, except pursuant to the Licensed Parties’ respective privacy policies. By replying with the hashtag #sharegenzbrandsphoto, you are consenting to the Licensed Parties’ collection of any personal information you provide for the Licensed Parties’ use and disclosure in connection with the use of your User Content as described herein. If you do not agree to the collection, use and disclosure of your personal information in this way, please do not reply with the hashtag #sharegenzbrandsphoto or otherwise provide the Licensed Parties with personal information. By replying with the hashtag #sharegenzbrandsphoto or otherwise providing the Licensed Parties with personal information, you agree to the foregoing collection, use, disclosure, transfer and processing of your information in accordance with these Terms and applicable data protection laws and regulations.

The Licensed Parties reserve the right to remove any User Content from the GEN Z’s Properties.

ADDITIONAL TERMS

This Terms apply to your User Content and third-party User Content. In addition, to the extent your User Content is displayed on the GEN Z Properties or in connection with the GEN Z Services, you also will be subject to additional terms of use, agreements, guidelines or rules applicable to such, including but not limited to those set forth on the GEN Z website at https://drinkgenz.com/terms, and you hereby agree to be bound by such additional terms of use or service, agreements, guidelines, instructions or rules provided or posted by GEN Z.

OUR INTELLECTUAL PROPERTY RIGHTS

GEN Z Services and GEN Z Properties may be protected by copyright, trademark and other intellectual property laws. You acknowledge and agree that you do not acquire any ownership or other rights in proprietary information and materials of GEN Z by authorizing use of your User Content or otherwise using or accessing the GEN Z Services or GEN Z Properties.

YOUR REPRESENTATIONS

You represent and warrant that:

(i) you are not a minor or you are the parent/guardian of all minors depicted in your User Content, if any.

(ii) you have the full right, power and authority to grant the rights described in these UGC Terms;

(iii) you own all rights in and to your User Content and Name and/or Likeness and/or have obtained appropriate rights and permissions from any and all other persons and/or entities who own, manage or otherwise claim any rights with respect to such User Content and Name and/or Likeness, such that you have all necessary licenses, rights, consents and permissions to publish the User Content and Name and/or Likeness and to grant the rights granted herein, including permission from all person(s) appearing and/or performing in your User Content;

(iv) the Licensed Parties’ use of your User Content and Name and/or Likeness as described herein will not violate the rights of any third party, or any law, rule or regulation, including but not limited to consumer protection, copyright, trademark, patent, trade secret, privacy, publicity, moral, proprietary or other rights and laws;

(v) the User Content and Name and/or Likeness is not confidential, libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful; and

You hereby fully release, discharge and agree to hold the Licensed Parties, and any person or entity acting on their behalf, harmless from any liability related in any way to the Licensed Parties’ use of your User Content and your Name and/or Likeness.

If requested, you will sign any documentation in such manner and at such location as may be required to protect, perfect or enforce any of the rights you have granted to Zoom under these UGC Terms.

MISCELLANEOUS

You agree that if GEN Z does not exercise or enforce any legal right or remedy which is contained in these Terms (or which GEN Z has the benefit of under any applicable law), this will not be taken to be a formal waiver of GEN Z’ rights and that those rights or remedies will still be available to GEN Z.

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms are invalid, then that provision will be removed without affecting the rest of the Terms of Use. The remaining provisions of these Terms of Use will continue to be valid and enforceable.